The unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person’s property, there is usually no victim present during a burglary.

Under California law, Penal Code 459, burglary is defined as entering a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony. Under the law, the state does not need to prove that you succeeded in stealing or committing a felony; it must only prove that you intended to.

First-Degree Burglary:

Burglary committed in someone’s home is a first-degree burglary, which is always a felony. In California, it is also known as residential burglary. Because a first-degree burglary is always a home invasion, the law provides for very severe penalties which can lead to a sentence to as much as six years in state prison. Furthermore, because a first-degree burglary is considered a serious felony in California it will be deemed to be a “strike offense.” That means you must serve at least 85% of your prison or jail sentence, regardless of good behavior or other circumstances. It also has serious consequences if you’re convicted of another felony later; your prison sentence automatically doubles on the second “strike,” and you must serve at least 80% of that sentence. On the third “strike,” you may be in prison for life.

Second-Degree Burglary:

Burglaries not committed on a residence are second-degree burglaries. In California, they are also known as commercial burglaries and may be charged as misdemeanors or felonies.

Carey Caruso is an Expert Burglary – Unlawful Entry Defense Attorney who cares about each and every client that he represents. He is well known and respected by judges, prosecutors and fellow attorneys throughout California which helps him succeed in getting favorable results for his clients whether it is through negotiationor a jury trial.